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Full Text of SB2081  97th General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 12.5 as follows:
6    (415 ILCS 5/12.5)
7    Sec. 12.5. NPDES discharge fees; sludge permit fees.
8    (a) Beginning July 1, 2003, the Agency shall assess and
9collect annual fees (i) in the amounts set forth in subsection
10(e) for all discharges that require an NPDES permit under
11subsection (f) of Section 12, from each person holding an NPDES
12permit authorizing those discharges (including a person who
13continues to discharge under an expired permit pending
14renewal), and (ii) in the amounts set forth in subsection (f)
15of this Section for all activities that require a permit under
16subsection (b) of Section 12, from each person holding a
17domestic sewage sludge generator or user permit.
18    Each person subject to this Section must remit the
19applicable annual fee to the Agency in accordance with the
20requirements set forth in this Section and any rules adopted
21pursuant to this Section.
22    (b) Within 30 days after the effective date of this
23Section, and each year thereafter, except when a fee is not due



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1because of the operation of subsection (c), the Agency shall
2send a fee notice by mail to each existing permittee subject to
3a fee under this Section at his or her address of record. The
4notice shall state the amount of the applicable annual fee and
5the date by which payment is required.
6    Except as provided in subsection (c) with respect to
7initial fees under new permits and certain modifications of
8existing permits, fees payable under this Section are due by
9the date specified in the fee notice, which shall be no less
10than 30 days after the date the fee notice is mailed by the
12    (c) The initial annual fee for discharges under a new NPDES
13permit or for activity under a new sludge generator or sludge
14user permit must be remitted to the Agency prior to the
15issuance of the permit. The Agency shall provide notice of the
16amount of the fee to the applicant during its review of the
17application. In the case of a new NPDES or sludge permit issued
18during the months of January through June, the Agency may
19prorate the initial annual fee payable under this Section.
20    The initial annual fee for discharges or other activity
21under a general NPDES permit must be remitted to the Agency as
22part of the application for coverage under that general permit.
23    Beginning January 1, 2010, in the case of construction site
24storm water discharges for which a coverage letter under a
25general NPDES permit or individual NPDES permit has been issued
26or for which the application for coverage under an NPDES permit



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1has been filed with the Agency, no annual fee shall be due
2after payment of an initial annual fee in the amount provided
3in subsection (e)(10) of this Section.
4    If a requested modification to an existing NPDES permit
5causes a change in the applicable fee categories under
6subsection (e) that results in an increase in the required fee,
7the permittee must pay to the Agency the amount of the
8increase, prorated for the number of months remaining before
9the next July 1, before the modification is granted.
10    (d) Failure to submit the fee required under this Section
11by the due date constitutes a violation of this Section. Late
12payments shall incur an interest penalty, calculated at the
13rate in effect from time to time for tax delinquencies under
14subsection (a) of Section 1003 of the Illinois Income Tax Act,
15from the date the fee is due until the date the fee payment is
16received by the Agency.
17    (e) The annual fees applicable to discharges under NPDES
18permits are as follows:
19        (1) For NPDES permits for publicly owned treatment
20    works, other facilities for which the wastewater being
21    treated and discharged is primarily domestic sewage, and
22    wastewater discharges from the operation of public water
23    supply treatment facilities, the fee is:
24            (i) $1,500 for the 12 months beginning July 1, 2003
25        and $500 for each subsequent year, for facilities with
26        a Design Average Flow rate of less than 100,000 gallons



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1        per day;
2            (ii) $5,000 for the 12 months beginning July 1,
3        2003 and $2,500 for each subsequent year, for
4        facilities with a Design Average Flow rate of at least
5        100,000 gallons per day but less than 500,000 gallons
6        per day;
7            (iii) $7,500 for facilities with a Design Average
8        Flow rate of at least 500,000 gallons per day but less
9        than 1,000,000 gallons per day;
10            (iv) $15,000 for facilities with a Design Average
11        Flow rate of at least 1,000,000 gallons per day but
12        less than 5,000,000 gallons per day;
13            (v) $30,000 for facilities with a Design Average
14        Flow rate of at least 5,000,000 gallons per day but
15        less than 10,000,000 gallons per day; and
16            (vi) $50,000 for facilities with a Design Average
17        Flow rate of 10,000,000 gallons per day or more.
18        (2) For NPDES permits for treatment works or sewer
19    collection systems that include combined sewer overflow
20    outfalls, the fee is:
21            (i) $1,000 for systems serving a tributary
22        population of 10,000 or less;
23            (ii) $5,000 for systems serving a tributary
24        population that is greater than 10,000 but not more
25        than 25,000; and
26            (iii) $20,000 for systems serving a tributary



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1        population that is greater than 25,000.
2        The fee amounts in this subdivision (e)(2) are in
3    addition to the fees stated in subdivision (e)(1) when the
4    combined sewer overflow outfall is contained within a
5    permit subject to subsection (e)(1) fees.
6        (3) For NPDES permits for mines producing coal, the fee
7    is $5,000.
8        (4) For NPDES permits for mines other than mines
9    producing coal, the fee is $5,000.
10        (5) For NPDES permits for industrial activity where
11    toxic substances are not regulated, other than permits
12    covered under subdivision (e)(3) or (e)(4), the fee is:
13            (i) $1,000 for a facility with a Design Average
14        Flow rate that is not more than 10,000 gallons per day;
15            (ii) $2,500 for a facility with a Design Average
16        Flow rate that is more than 10,000 gallons per day but
17        not more than 100,000 gallons per day; and
18            (iii) $10,000 for a facility with a Design Average
19        Flow rate that is more than 100,000 gallons per day.
20        (6) For NPDES permits for industrial activity where
21    toxic substances are regulated, other than permits covered
22    under subdivision (e)(3) or (e)(4), the fee is:
23            (i) $15,000 for a facility with a Design Average
24        Flow rate that is not more than 250,000 gallons per
25        day; and
26            (ii) $20,000 for a facility with a Design Average



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1        Flow rate that is more than 250,000 gallons per day.
2        (7) For NPDES permits for industrial activity
3    classified by USEPA as a major discharge, other than
4    permits covered under subdivision (e)(3) or (e)(4), the fee
5    is:
6            (i) $30,000 for a facility where toxic substances
7        are not regulated; and
8            (ii) $50,000 for a facility where toxic substances
9        are regulated.
10        (8) For NPDES permits for municipal separate storm
11    sewer systems, the fee is $1,000.
12        (9) For NPDES permits for industrial storm water, the
13    fee is $500.
14        (10) for NPDES permits for construction site storm
15    water, the fee
16            (A) for applications received before January 1,
17        2010 is $500;
18            (B) for applications received on or after January
19        1, 2010 is:
20                (i) $250 if less than 5 acres are disturbed;
21            and
22                (ii) $750 if 5 or more acres are disturbed.
23    (f) The annual fee for activities under a permit that
24authorizes applying sludge on land is $2,500 for a sludge
25generator permit and $5,000 for a sludge user permit.
26    (g) More than one of the annual fees specified in



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1subsections (e) and (f) may be applicable to a permit holder.
2These fees are in addition to any other fees required under
3this Act.
4    (h) The fees imposed under this Section do not apply to the
5State or any department or agency of the State, nor to any
6school district, or to any private sewage disposal system as
7defined in the Private Sewage Disposal Licensing Act (225 ILCS
9    (i) The Agency may adopt rules to administer the fee
10program established in this Section. The Agency may include
11provisions pertaining to invoices, notice of late payment,
12refunds, and disputes concerning the amount or timeliness of
13payment. The Agency may set forth procedures and criteria for
14the acceptance of payments. The absence of such rules does not
15affect the duty of the Agency to immediately begin the
16assessment and collection of fees under this Section.
17    (j) All fees and interest penalties collected by the Agency
18under this Section shall be deposited into the Illinois Clean
19Water Fund, which is hereby created as a special fund in the
20State treasury. Gifts, supplemental environmental project
21funds, and grants may be deposited into the Fund. Investment
22earnings on moneys held in the Fund shall be credited to the
24    Subject to appropriation, the moneys in the Fund shall be
25used by the Agency to carry out the Agency's clean water



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1    (k) Except as provided in subsection (l) or Agency rules,
2fees paid to the Agency under this Section are not refundable.
3    (l) The Agency may refund the difference between (a) the
4amount paid by any person under subsection (e)(1)(i) or
5(e)(1)(ii) of this Section for the 12 months beginning July 1,
62004 and (b) the amount due under subsection (e)(1)(i) or
7(e)(1)(ii) as established by this amendatory Act of the 93rd
8General Assembly.
9    (m) A pilot grant program is hereby established to
10determine the effectiveness of local watershed management to
11improve the quality of local streams.
12        (1) All NPDES permit fees paid each year under Sections
13    (e)(l), (e)(2), (e)(8), (e)(9) and (f) above for NPDES
14    permit facilities which are owned by a municipality,
15    county, sanitary district or other public agency and which
16    are also tributary to the watersheds of the East Branch of
17    the DuPage River, West Branch of the DuPage River and Salt
18    Creek shall be directed into a grant program to be awarded
19    by the Agency for projects recommended by the DuPage River
20    Salt Creek Workgroup (DRSCW) to improve those three
21    watersheds. The Agency shall provide the DRSCW with a list
22    of the NPDES permit fees described under this Section each
23    year after these fees are invoiced and, 60 days following
24    receipt of said list, the DRSCW shall notify the Agency of
25    the NPDES facilities and fees which are tributary to the
26    DRSCW watersheds and, therefore, subject to this pilot



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1    grant program. The location of the point of discharge into
2    the receiving stream shall determine the tributary
3    watershed for those NPDES permit facilities having one
4    point of discharge. For those NPDES permit facilities
5    having more than one point of discharge, such as a
6    municipal storm water system, the tributary watershed
7    shall be the watershed that receives the majority of the
8    permitted flow.
9        (2) The recommendation of the DRSCW shall be required
10    for such projects as long as the DRSCW is certified by the
11    Agency as a Certified Local Watershed Organization (CLWO)
12    as provided herein. The funds directed into the grant
13    program shall only be used for the purposes designated
14    herein. If the DRSCW fails to maintain designation as a
15    CLWO for any year, the funds in the grant program for that
16    year may be utilized for other clean water purposes, as
17    determined by the Agency. If the total cost of all projects
18    recommended by the DRSCW for any year is less than the
19    funds available in the grant program, all such remaining
20    funds in the grant program for that year shall be carried
21    over to the next year.
22        (3) All projects receiving grants from the Agency must
23    be recommended by the DRSCW, in accordance with a project
24    prioritization process and annual prioritized projects
25    list. Persons desiring to obtain a grant for a DRSCW
26    recommended project must submit an application to the



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1    Agency and DRSCW, with a commitment to provide at least a
2    40% project match. All grants shall be in the amount of 60%
3    of eligible project costs, although the Agency and DRSCW
4    can mutually agree to a lower grant participation
5    percentage, and a corresponding higher local match, for any
6    year based on project applications received. The DRSCW may
7    submit applications for projects and DRSCW member dues may
8    be used to satisfy the local match requirement for said
9    projects. Funds from other grant programs, including
10    Section 319 grant funds, may be used to meet the local
11    match requirement for this program.
12        (4) Eligible projects must improve stream quality by
13    enhancing habitat, reducing stream bank erosion, providing
14    protective riparian areas, implementing green
15    infrastructure or best management practices (BMPs) and
16    other appropriate means.
17        (5) In order to receive designation as a CLWO from the
18    Agency, a local watershed organization must submit
19    documentation of the following items to the Agency by
20    January 15 of each year:
21                (i) most recent audit report, if applicable;
22                (ii) most recent U.S. income tax return;
23                (iii) most recent Illinois income tax return;
24                (iv) notification of tax exempt status from
25            the U.S. Internal Revenue Service;
26                (v) registration with the Illinois Secretary



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1            of State;
2                (vi) most recent annual report filed with the
3            Illinois Secretary of State;
4                (vii) bylaws which require that all officers
5            of the organization must be an employee or officer
6            of a public agency holding an NPDES permit for a
7            discharge from a publicly owned treatment works or
8            from a public separate storm sewer system;
9                (viii) a map depicting the watershed(s) for
10            which the CLWO designation is requested;
11                (ix) a diverse membership representing a
12            cross-section of stakeholders within the
13            watershed;
14                (x) a process to develop consensus on group
15            activities;
16                (xi) stable and ongoing revenues to fund group
17            activities;
18                (xii) a stream monitoring program appropriate
19            to the watershed and adequate to identify and
20            prioritize stream improvement projects and to
21            evaluate the effectiveness of implemented
22            projects;
23                (xiii) a process to identify and prioritize
24            stream improvement projects;
25                (xiv) an annual prioritized list of stream
26            improvement projects; and



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1                (xv) an application fee of $1,500.00.
2    The Agency may request additional information and conduct
3such inquiries as it deems appropriate. If the Agency has not
4issued a written denial of a request for CLWO designation by
5April 15, then the CLWO designation is considered approved for
6that year. The Agency may deny CLWO designation to an
7organization that does not meet the above requirements. The
8Agency shall only approve one CLWO designation for a watershed.
9        (6) The Agency shall adopt rules, within 18 months, to
10    establish the grant program. The Agency shall utilize
11    interim procedures to award project grants pending the
12    adoption of final rules.
13        (7) At the completion of the first five years of the
14    pilot grant program, and every five years thereafter, the
15    DRSCW shall prepare and submit to the Agency a report
16    detailing all projects completed under the program,
17    including the amounts of grant funding and local matching
18    funding and an assessment of the improvements to the
19    quality of each of the three watersheds within the DRSCW.
20        (8) All fees collected by the Agency under this Section
21    shall be deposited into the Illinois Local Watershed Fund,
22    which is hereby created as a special fund in the State
23    treasury. Investment earnings on moneys held in the Fund
24    shall be credited to the Fund.
25(Source: P.A. 95-516, eff. 8-28-07; 96-245, eff. 8-11-09.)